Thursday, November 21, 2024

Metrocenter Claims Another Victim: Retro Metro

Retro Metro's lawsuit against the city of Jackson is defunct like Metrocenter after the Socrates Garrett and Leroy Walker-owned company lost in federal court yesterday.  

Jackson leased the old McRae's building at the Metrocenter Mall from Retro Metro, LLC for over a decade.  Mold, air conditioning, plumbing, and pothole problems  bedeviled the employees who worked there in the building. The Jackson City Council voted in May 2023 to move its employees out of the building and terminate the lease.  

Retro Metro didn't like the Council's decision and sued for breach of lease and racial discrimination in federal court in September 2023.  A Retro Metro press release states: 

On September 14, 2023, Retro Metro LLC filed a Discrimination complaint against the City of Jackson, Mayor Chokwe Antar Lumumba and Jackson City Council .

On July 18, 2023, the Jackson City Council violated the terms of the lease agreement by voting 3-1 to terminate the Lease agreement with Plaintiff Retro Metro, LLC.  On or about August 11, 2023, the City sent written notice to Plaintiff Retro Metro, LLC., that it was terminating the lease. Defendant City of Jackson has not made the agreed upon lease payments and has been delinquent since August 1, 2023.

While in the process of unlawfully terminating the lease agreement between Retro Metro and the City of Jackson, the City sought out and signed rental agreements to lease space from white/majority owned companies who provided the exact same leased space to the exact same city divisions and personnel that were located in the space it leased from Retro Metro.  It is undisputed that during the relevant time period Retro Metro, LLC., was and is a minority owned and operated company.

“It is unacceptable that any city, much less one that is 80% African American, take from minority owned businesses and give to WHITE owned business.” states Former Circuit Court Judge Malcolm Harrison, Retro Metro’s attorney. “City officials have an obligation to stop discrimination, not promote it. We are asking the Federal Court to reinstate the City’s lease agreement with Retro Metro”.

 

The Court dismissed the breach of lease claims in August as it held the lease was invalid since it was never posted on the minutes: 

The Mississippi Supreme Court has recognized that “[t]he minutes rule produces harsh results,” Singing River MOB, 342 So." "3d 140, 153 (Miss. 2021) (citing Urb. Devs., 468 F.3d at 300), but it has also “repeatedly provided the simple solution: if you deal with public boards, you must assure that your contracts are recorded in the board minutes.” Id. (citing KPMG, 283 So. 3d at" "669; Wellness, Inc., 178 So. 3d at 1290; Thompson, 352 So. 2d at 796). Plaintiffs failed to do this and must suffer the consequences of that failure. Their breach of contract claim will be dismissed..

The Individual Defendants were not properly served with process and plaintiffs have not demonstrated good cause for their failure to timely effect service on these defendants. The returns of service filed by plaintiffs as proof of service on defendants reflect that copies of the summons and complaint were served on “Angela Harris, Municipal Clerk, who is designated by law to accept service of process on behalf of City of Jackson on September 19, 2023.” While this was effective service of process on these defendants in their official capacities, it was not effective service on them in their individual capacities... 

Judge Lee applied the coup de grace to the lawsuit and dismissed the lawsuit with prejudice yesterday.   The Court held: 

Indeed, the court has previously held that plaintiffs cannot demonstrate the existence of a valid lease agreement under Mississippi’s minutes rule. Moreover, plaintiffs have offered no evidence to refute the City’s proof that it terminated the purported lease because of the poor condition of the Belk building and not because of plaintiffs’ race. Instead, in support of their assertion that a jury issue is presented on their race discrimination claim, they rely solely on proof that the City, after terminating the putative lease with plaintiffs, leased office space from majority-white companies. This fact, however, in no way would support a reasonable finding that the City would not have terminated the lease but for plaintiffs’ race.

Jackson Mayor Chokwe Antar Lumumba and the City Council lauded the Court's decision in a joint press release:  

"Earlier this year, a federal court dismissed breach of lease claims that had been brought against the city, the mayor, and three councilmen by Retro Metro, LLC. Retro Metro had sued after the city vacated Metrocenter office space because of the deplorable conditions.

Today, that same court dismissed the remaining claims brought by Retro Metro, which alleged the city had discriminated against Retro Metro because its owners are African-American, and because the city leased new space with majority-white companies. Retro Metro had sought damages exceeding $4.5 million.

We are pleased that the court recognized that the city’s motivation in moving out of the Metrocenter was to protect its employees and the public from the poor condition of the building and not because of race, and we will continue to fight for the city and our citizens."

32 comments:

Anonymous said...

So Jackson is 80% minority and 20% majority.

Anonymous said...

Alleged "racial prejudice?" That's like calling the kettle black, right? (See what I did there?)

Anonymous said...

When a minority is in the majority, how can they be considered a minority?

Anonymous said...

Why in the world would a property owner with a nice juicy lease not keep the property up and the tenants happy? A nice lesson in how to convert chicken salad into chicken shit.

Anonymous said...

How dare the 80% city think it can lease from a white owned firm simply to avoid potholes, plumbing problems, rats, roaches, mold, mildew, wiring issues, and general delapidation. Where are their priorities anyway? Jeez.

Anonymous said...

So, a place gets run down and “deplorable” then the users of that place decide to go somewhere in fine condition; being in this case users = COJ. Hmmmm, I wonder if there is a lesson to be learned there.

Anonymous said...

Grifters fucking grifters.

Anonymous said...

I hate Leroy Walker involved in this. Knew him a long long time ago and he was a nice guy.

Anonymous said...

"It is unacceptable that any city, much less one that is 80% African American, take from minority owned businesses and give to WHITE owned business.” states Former Circuit Court Judge Malcolm Harrison, Retro Metro’s attorney.

Playing the race card on the Lumumba Administration, with a straight face and not even a hint of irony.

Anonymous said...

Sounds like Chokwe moved the employees out of there for the same reason people are moving out of Jackson. Ain't that some irony.

Anonymous said...

The City of Jackson was responsible for maintaining the property and its mechanical systems because this was a Triple-Net Lease. However, the issue here is that the Lease was invalid as it was never recorded in the Minutes. I feel bad for Leroy but not as much for Socrates. The blame should lie with their attorneys, who were responsible for the initial Lease Agreement and ensuring it was validated by being included in the Minutes when approved. Perhaps they should have considered paying the Mayor’s bribe request.

Anonymous said...

I wonder how many other COJ leases and contracts weren't properly published in the minutes and could thus be considered null and void... Is this solely incompetence or did they not want it out there for some reason?

Just a normal dude said...

It is strange that courts recognize the designation of a plaintiff's "minority" status to be so sturdy that it survives the plaintiff's demographic journey through time to be in the actual majority. If this persists, the "minority" majority will surely use their "minority" legal status as a political weapon against the current de facto minority which used to be the majority.

Anonymous said...

Jackson reminds me of the Fallout video games, where the ratio of bandits to normal people is like 10 to 1. Who are all these bandits robbing? Answer: Each other.

Anonymous said...

@2:31 PM A Fallout reference on a Thursday afternoon? Yep, it's Marty Robbins Time

Madison county said...

If you can’t run a simple business like the above mentioned business, don’t sue and claim racial discrimination because no “Whities” come and spend their hard earned money with you.

Anonymous said...

Put what you think about these personalities aside. The judge dismissed the case because he deemed the lease invalid because it was never spread on the minutes. Let that sink in. How much stuff do you think the city forgot to include in the minutes over the last ten years?

Anonymous said...

Hmmmm! Guess they didn’t grease the Mayor’s campaign fund!

Anonymous said...

@ 1:22: Even if the lease were valid, since when is a lessee responsible for maintenance and ensuring a safe and habitable environment in leased property?

Anonymous said...

Wait they moved these employees out for mold but made the YT lady at TMH stay at her mold infested job or be fired....

Anonymous said...

4:43 Ummmm, that would be......in virtually every lease I've ever read

Anonymous said...

November 21, 2024 at 12:49 PM
Keyword: was

Anonymous said...

Racism! Racism! Racism! Mississippi's local version of Russia! Russia! Russia !

Anonymous said...

Walker and Garrett got in over their heads with Retro Metro. Metrocenter needs to be torn down, just as the Regency Mall, also opened in 1978, in Augusta, GA was torn down.

Anonymous said...

Nothing good ever comes about in Jackson. Downward is the future.

Anonymous said...

Well, you haven't read many. I've leased multiple commercial, business and residential properties and have never, ever been responsible for property maintenance or ensuring that the property remains habitable.

Unless you consider maintenance to be grass cutting, changing light bulbs and filters and waxing floors. If you're suggesting a lessee is EVER responsible for structural maintenance, roof repair, caved in walls, mold, leaks and cracks appearing in floors...nope, never. And neither have you.

Anonymous said...

November 22, 2024 at 3:48 AM
If that's the case then why would anyone ever rent? If you're literally not responsible for the building then what the fuck are they paying you for?

Anonymous said...

Notwithstanding technical procedural issues with recording of the lease the lessors were arguing in federal court that the city made up of so many black citizens could not legally lease a white owned property after leaving black owned property. Race must be the determining factor. Who are the racists here?

Anonymous said...

if the city paid the bill for 13 years and amended the lease twice, how could it be an invalid lease. When every year the city appropriated the lease payments in the budget, how could it be an invalid lease?

Anonymous said...

Remember that time that lady went on the news and said she was going to turn the mall into a great shopping and entertainment experience? Where did she go? That was fun.

Anonymous said...

You're paying the market value for leasing a place to operate a business.

Meanwhile, the building's owner is hoping to make some profit from the contract. No renter is responsible for building maintenance unless he got hornswoggled into signing up for it.

Anonymous said...

Should have sold the lot to Amazon


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.